Difference Between Appeal and Revision

An appeal notes to a legal process of applying to a superior court for reconsideration of a decision, judgment or order, given by a subordinate court. It is a well-known fact that the right to appeal is not a natural one, rather it is an inherent right to the litigation process. Revision implies the act of re-examining a case, so as to make it defect free or grant some relief in case of improper exercise or failure to exercise jurisdiction by a subordinate court.

Definition of Appeal

An appeal can be understood as the legal process through which one can apply for to of his/her case when they seek a formal change in the decision already made by the court. It is not just helpful for rectifying the errors made, if any in the decision, but also for clarifying or interpreting the law. It is an inherent right conferred by the statute.

In finer terms, appeal implies the plea application brought to a superior court/authority, to review the decision made by the subordinate court or authority.

It is often made when the party who lost the case or who is not satisfied with the decision given by the lower court to be reviewed by the higher court. A basic rule is that parties to appeal cannot produce additional documents, i.e. neither oral nor documentary as it is not a trial, hence it does not give a chance to the party making an appeal to add new dimensions or give a new direction to the case.

Definition of Revision

Revision refers to a petition filed by any party to suit or the court to re-examine the decision, so as to remove any errors or grant relief. In a revision, the High courts have the right to ask for a record of any case, on which decision is made by any subordinate court and in which no appeal is made by the parties concerned when it is observed that the subordinate court:

  • Have exercised an area of authority which is not conferred on it as per law.
  • Non-exercise of a jurisdiction, which is conferred on it.
  • Have executed the powers conferred to it, but illegally or with material irregularity.

Therefore, the Highcourt may revise the orders, as it deems fit, subject to the High Court should not vary or reverse any order given in this regard or any order giving a verdict on the issue concerning the suit except in the case when the order is given in the favour of the party who applied for revision would have finally settled the matter.

In a revision, the High Court is empowered to re-examine the proceedings of the lower court, carried out as per law, within their jurisdiction, so as to promote justice. Moreover, the high court also possesses the power to correct the jurisdictional errors (if any) made by the subordinate court.

Difference Table

GROUND APPEAL REVISION
Meaning Appeal refers to a request made to a superior court, to review the decision given by a subordinate court. Revision refers to the act of revising, i.e. re-examining and amending, with a view to correct a decision and make it just and fair.
How many times it is allowed? Multiple Only one
What is it? Substantive Right Discretionary power of the court
Where Preferred? Superior Court, which can be a district court or high court. High Court
Who can apply? Party to suit Party to suit and court can also apply suo moto
Involves Court Hearing Rewriting and Reworking
Against Decree and appealable orders. Decision passed by the subordinate court.

Author: Shubham siwach

Leave a Reply

Your email address will not be published. Required fields are marked *